Lexington, KY asked in Personal Injury for Kentucky

Q: My son suffered a solo brain injury while riding a motorcycle

but he wasn't wearing a helmet - is he able to file a claim

Related Topics:
1 Lawyer Answer
Adam Michael Russell
Adam Michael Russell
PREMIUM
Answered
  • Covington, KY
  • Licensed in Kentucky

A: The short answer is yes, absolutely. Depending on the facts of the accident and your son’s age, there may have been no requirement to wear a helmet.

Whether the law required a helmet in this situation or not, a helmet is not relevant to determining fault for the crash. It may be relevant to determining damages owed depending on many factors including the types of injuries sustained. Motorcycle claims are nuanced and complicated. Speak with an experienced attorney immediately.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.